El Paso County Probate Records

An El Paso County probate record is a legal document that shows the process of distributing a person's property after death. The El Paso County Clerk Probate-Civil Division maintains these records along with related El Paso County court records. An independent executor or administrator is responsible for the distribution after all debts of the estate have been paid and the tax return has been filed. Individuals typically seek probate records when transferring property or title, determining the estate heirs, resolving disputes, or paying creditors.

Are Probate Records Public?

Yes. The Texas Public Information Act and Tex. R. Jud. Admin. 12.4 both allow the public disclosure of court records, including probate case records. Most probate documents filed with the El Paso County Clerk are available for public inspection and copying online and in person. However, the Clerk may redact sensitive details before disclosure. For instance, confidential information in guardianship proceedings, such as a protected person's address, phone number, workplace, school, daycare, or the location where the service of process was carried out, may be withheld.

What is Probate Court in El Paso County?

El Paso County has two Probate Courts (No. 1 and No. 2). These courts probate the wills of deceased persons, declare the heirs of decedents who pass away without a will, establish guardianships, and supervise court-ordered involuntary mental health commitments. Both courts are located at the following address:

El Paso County Probate Courts
500 E. San Antonio
Suite 422
El Paso, TX 79901

Probate Court Case Lookup

The El Paso County Clerk Probate-Civil Division is the custodian of probate records. The Division accepts probate court case requests online, by email at ProbateRecordsRequest@epcounty.com, and in person. To facilitate the search, the requester will typically be required to provide basic information about the desired record.

Individuals can use the Civil, Family & Probate Case Records tool to find probate records online for free. Searches may be conducted by party, case, or attorney. Judges, attorneys, case parties, clerks, and registered users can view probate records on the SearchTX platform for free. However, those who want to download their desired records from the platform would have to pay a fee. The first 10 pages of a probate document cost $1, but subsequent pages cost $0.10 per page. In-person requests can be made at the Division from Monday to Friday, 8:00 a.m. to 5:00 p.m. The records staff charges $1 per page for plain copies of probate records and $5 for certified copies.

How to Find Probate Records Online Free

Individuals can find probate records online without charges through the El Paso County Case Records Search portal. Click the Civil, Family & Probate Case Records link to conduct a search by case, party, or attorney. After entering the appropriate search criteria, click the search button to view the desired records.

Eligible individuals can use the re:SearchTX to find probate records for free. Those without an eFile Texas account must register to use the web-based platform. Although viewing probate records on this database is free, users can download documents for a fee. A $1 fee is required for documents between 1 and 10 pages and $.10 per page for each page thereafter.

How Long Does Probate Take in Texas

Probate timelines in Texas vary widely. A straightforward estate with a self-proving affidavit in the will may take approximately 3 months to probate. In contrast, more complex cases, such as those without a will or involving a contested original will, can take nine months to over a year or even longer to complete.

Are Wills Public Record?

Yes. A will becomes a public record once it is filed for probate. When a person applies to probate a will in El Paso County, the Probate Court will post a public notice online or at the courthouse. The notice informs the public about the application and the hearing date. Afterward, anyone can request a copy of the will from the El Paso Probate Courts.

How to Find Out If Someone Has a Will

A will is a legal declaration by which someone transfers property at death. To determine if someone has a will, start by checking with the Clerk of the court in the county where they live. If the individual resided in El Paso County, visit the Probate-Civil Division to request a copy of their will. They may need to complete a form to assist in locating it. If the will is not on file at the Clerk's office, consider searching the deceased person's home, office, or safe deposit box, or consult their attorney.

El Paso County Family Court Case Search

The El Paso County District Clerk's Civil (Family) Division handles family court cases, such as divorces, child support enforcement, name changes, annulments, temporary restraining orders, and paternity. Record seekers can obtain copies of these cases through the following means:

• Online: The Civil, Family & Probate Case Records portal may be useful for finding family court records for free. The search parameters required to facilitate this search include the names of the party, case, and attorney. The re:SearchTX platform also provides such records for free but restricts access to judges, attorneys, case parties, clerks, and registered users. Eligible individuals can also download family court documents from the platform for as little as $1.
• By email: Requesters can email the Division at districtclerk@epcounty.com to request copies of family court case records. Copies cost $1 per page and $5 per document to certify. The Clerk will also charge a $5 research fee.
• In-person: Customers can visit the District Clerk's office during business hours to obtain copies of family court records. The staff will give them a form to complete and release the desired records once the appropriate copy and search fee have been paid.

Confidential or sealed family court records are not available for public disclosure. For example, members of the public cannot have access to the investigation of reports of child abuse and neglect (Fam. Code § 261.201) without a court order.